(If you have trouble viewing on your phone please try viewing from your computer. Thanks!)
My twenty years as an attorney have provided me a breadth of experience, beginning with commercial litigation, broadening into a range of business transactional and consulting services. Licensed in Colorado since 1999, I am pleased to now make Naples home and extend my services to a Florida clientele.
While associated with my firm in Denver, Colorado I represented a range of clients, including real estate developers, landowners, ranchers, and families with their various legal needs, real estate transactions, forming businesses, and estate planning and probate. I was involved in many trials, including a three-week construction case. Other cases I handled involved landowner boundary disputes and partnership accountings.
As outside general counsel for my corporate clients, I have provided an array of services including document drafting for loan transactions, contracts for independent contractors, handling vendor disputes, employment issues, assessing insurance coverage, developing compliance materials, reviewing employee handbooks and serving as point person with human resources, acting as liaison between the client and out-of-state litigation counsel, and coordinating with experts in various fields when needed.
Whether you have been in business many years or are considering starting a company, I offer a diverse assortment of services to assist you with your personal or business matters, including selecting the appropriate business entity, maintaining solid corporate documentation and developing in-house handbooks and training and compliance (including international export) materials, and on the personal side, consumer and real estate transactions and estate planning.
I am a member of the Collier County Bar Association, Florida Association for Women Lawyers, and Collier County Women's Bar Association. On the civic side, I am an involved member of my church and a PTO board member. I value our community and all it has to offer in terms of its people and beautiful environment. My varied legal experience and well-rounded life allow me to consider all avenues and personalize my services to your specific legal needs. I would love to talk further to discuss how I may give personal attention to your legal needs. And, by the way, my firm has taken the Blue Zones Project Pledge because resolving legal issues and maintaining legal compliance are just another part of a healthy life.
Available for Download
Florida Homeschool Law
So you're considering homeschooling ...we have the legal information you need, including a sample Notice of Intent to Homeschool
An education, no matter the location, is a vital component to the growth and development of our children. COVID-19 has disrupted the United States education system in ways that we could not fathom. An uncomfortable level of uncertainty hangs over the decision regarding whether to send your children back to school for the Fall 2020 semester. Education is paramount, but your child’s health outweighs any and all other considerations. If you are considering an alternative to sending your children back into the school system for the upcoming school year, then a “home education program” may be an ideal alternative.
In order to begin a home education program for your child, there are a few things that must be done in accordance with Florida law. Firstly, the parent must notify the district school superintendent of the county in which the parent resides of their intent to begin a home education program. FL ST § 1002.41(1)(a) (2018). “The notice must be in writing, signed by the parent, and include the full legal names, addresses and birthdates of all children” who will partake in the program. FL ST § 1002.41(1)(a) (2018). Once the program has been accepted by the superintendent, the parent must maintain a portfolio of records and materials consisting of: (1) a log of educational activities and (2) samples of any writings or worksheets used or developed by the student. FL ST § 1002.41(1)(d). Upon request, and within 15 days of notice, the portfolio must be made available for an inspection by the superintendent of the district. The portfolio should be preserved for two years. FL ST § 1002.41(1)(e).
In addition to the educational portfolio, parents shall provide an annual educational evaluation, which is also to be documented to demonstrate the student’s educational progress at a level commensurate with his or her ability. FL ST § 1002.41(1)(f). Upon completion of the home education program, a parent must submit a letter of termination and annual evaluation to the district superintendent. FL ST § 1002.41(1)(c).
Its that time of year again here in Florida!
With sunny Florida weather, also comes the yearly risk of hurricanes and tropical storms. Whether you are a permanent resident of the state or a part-time resident, it is important to be prepared in the event of a hurricane.
When faced with the threat of an imminent hurricane, the safety of yourself and your family is going to be your number one priority. By planning well ahead of time, you can ensure that you will be in the best position to protect your loved ones. Make sure to have enough provisions in order to support you and your family in the event of a loss of power or other difficulties.
Another important step to hurricane preparation is ensuring that you have insurance coverage that is sufficient to cover any potential result. Contact your insurance provider and be sure to ask questions pertaining to your level of coverage. Once you are sure that your insurance is sufficient, document your possessions by taking photographs and writing down serial/model numbers. This step is important because it provides hard, irrefutable evidence that you own the items you are claiming. Also, having the evidence of ownership will streamline the claims process.
Be sure to follow the procedures that are in place to protect your property. If you are not sure what those are, contact your home owner’s association, or landlord for more information. This will ensure that your dwelling has the best possible chance to remain unhindered by the storm. In addition, abiding by the procedures in place will also help the insurance claims process because you can show that you followed the relevant procedures and did everything possible to prepare for the storm.
Having always had a virtual office I am perfectly positioned to help you with your legal issues during stay at home and safer at home orders.
COVID-19 Legal Effects
April 5, 2020
The effects of the current public health crisis on our lives have been tremendous so far. The lasting effects on our businesses are yet untold. My law firm is poised to help you navigate through these uncharted waters. I am keeping abreast of the cutting edge developments to best assist you.
Some Useful Resources
Choosing a Guardian for Minor Children
As parents a #1 reason to make sure we have a Will is to name a guardian for our minor children. God forbid something should happen to both parents! These are the unfortunate, unlikely events that we need to prepare for as responsible parents. Thinking about it gives us a stomach ache enough but then once we decide to go forward we are faced with the difficulties of who to name. Initially our go-to may be our parents who live locally and watch our kids when we go away for the weekend. But is this really the best choice? Perhaps not. When choosing guardians for our kiddos, we must look at the age of the people we are considering. Sure, our parents are fit and young seeming now and able to manage our kids for a couple of days but is this a realistic option as they age and for the longterm? Another overlooked question is whether it is important for us to have a couple raising our kids. If so, what happens if the couple you choose divorce? Would you want your kids to be raised by one of those people or would you prefer your children go to a different couple? In addition, do you want your children to be able to remain local or do the benefits of them being housed with out of state family outweigh the convenience and stability of staying in their local school and with their neighborhood friends? Hopefully these questions help you consider the right people for this very important job rather than deter you. You’ll have so much more peace after you have this piece of your plan in place.
Coordinating your Estate and Business Succession Plans
The benefit of having an attorney who is adept at both estate planning and business law ensures that if your small business is an asset, possibly your largest, its succession will be planned along with the rest of your estate plan. This is true legal life planning. Ensure that ALL your assets are protected, your human ones, your children! as well as your material ones. Leave nothing to chance.
The W-9 "Employee"...a Misnomer
So your business is growing and you are ready to add to your staff. It is not always easy to determine whether the persons you hire are employees or independent contractors but the determination may hugely impact wage and hour determinations, tax treatment, and liability for the person’s actions. Several factors influence the determination, including: who sets the hours the person keeps; whether the person is eligible for benefits; how and where work is performed; and whose equipment is used.
To distinguish between an employee and an independent contractor, the following factors* are considered:
If the employer has a right to control the person’s means and methods of performing the work
The level of skill is required of the person hired
Whether the person hired has an independent business apart from their work for the employer
If the employer supply the place of work/instrumentalities to be used by the person
The duration and method of payment
*Not an exhaustive list.
Are you a Real Estate Investor?
If you are, I can guide you with practical experience in making the most efficient decisions for the structure of your investments as well as how to protect them in case something should happen to you. Make sure your loved ones will have peace of mind with legal life planning that targets your specific niche.
No Time Like the Present
Plan Now for Peace of Mind
If you haven't yet made your Will and do not have a Durable Power or Attorney or Designation of Health Care Surrogate to assist in the event of incapacity, there is no better time than the present. The recent Florida Law Journal mentions record numbers of clients are seeking these services. My firm is able to prepare your documents and help you get them signed while observing social distancing recommendations. Call today!
Fellow attorneys recently wrote a very helpful article in our Florida Bar Journal about protecting wealth transfers from marital discord. I have many clients inquire about what will happen to the assets they want to pass on to their children in the event one of them ends up divorcing. Let me help you create solutions to reduce uncertainty and give you peace of mind. Schedule a consultation today.
Megan M. Kelly
Attorney at Law
Twenty years' experience providing services with clarity, simplicity, efficiency and professionalism with an emphasis on customer service.
Our Areas of Practice
Personalized Legal Services and Consultation
Personalized Outside Counsel Corporate Services
Targeted to your specific needs
Giving small companies the same advantage of larger companies with ongoing risk spotting guidance and assistance with contract preparation and review of corporate materials such as employee handbooks. I will partner with you to meet your company's specific needs on a flat fee monthly subscription package which includes a specific number of hours dedicated to the legal needs of your business.
Transactional Assistance and Document Preparation
Contracts, Agreements, Business Records
Experienced in reviewing, drafting and advising on contracts, agreements and business records, whether related to real estate, employment or consumer transaction.
Contract, Lease and Deed Review and Drafting
Experienced with the real estate transaction process and related documentation. I can work with you and your realtor to help round out your team of professionals and ensure this important investment is protected. I can offer a knowledgeable review of your real estate contract or lease, as well as draft rental agreements for investment properties. Passionate about educating individuals about the effects of the various forms of property ownership. How you take or hold title to property can affect your future ownership and/or transfer of the property.
Wills and Powers of Attorney Preparation and Guidance; Choosing a Guardian for Minor Children
Helping you and your family be prepared
Years of experience assisting clients with their comprehensive estate planning needs, including young families and those with elder needs. I take a holistic approach that involves the other professionals in your life who play an important role in your planning, including your CPA, financial advisor and insurance broker. If you do not already have these in place I have many within my network and can help you find a good fit for your needs. If you have minor children naming the right guardian(s) is of utmost importance and I'll help you understand the process so that your children will never be in the wrong hands.
Valued Feedback From My Valued Clients
Megan Kelly is very knowledgeable and was very helpful to me both before and after my husband died earlier this year. She is a great lawyer and went the "extra mile" for me several times. Debbie Bode
When you meet Megan Kelly, who immediately impresses you with her personable nature and outgoing and friendly demeanor, you see she is a true professional in her field. She related well with me not only on a female level but can understand my emotions as a mother and a professional in my own right. You too will see you have found the perfect professional match. I also had the honor and privilege of attending a seminar where Ms. Kelly spoke as an advocate for women, encouraging us to take a more active role in planning our future. Patricia L. Halloran, R.N.
Request More Information
Thank you for visiting the Megan M. Kelly, Attorney at Law site. We intend to provide general information, which should not be construed as legal advice. If you are looking for advice on a specific matter, you are encouraged to contact us directly. We strongly advise you to not disclose personal or confidential information until an attorney-client relationship has been established, which will be at such time as you and I enter into an engagement agreement pertaining to your specific situation which will set out the the scope of my representation and our fee arrangement. We maintain a practice of checking for conflicts of interest before entering into an engagement.
Naples, FL, USA